Other conditions decisions — 2011

The Board has granted service connection for Discoid Lupus Erythematosus (DLE) and reopened the claim of service connection for DLE. The Veteran's right shoulder, scalp, and left ear scars are now considered residuals of DLE.

The Veteran's death was not caused by, nor was it substantially or materially contributed to by, an injury or disease incurred in or aggravated by active military service.

The Board has remanded the case due to the need for additional development of records, including those from St. Mary's Hospital and SSA.

The Board has remanded the case due to incomplete records and the need for further development of the appellant's VA treatment history and Social Security Administration (SSA) disability benefits records.

The Board has remanded the case for further development due to insufficient consideration of all applicable provisions of law and regulation, as well as an inadequate VA medical opinion.

The appellant withdrew her appeals regarding the issues of new and material evidence to reopen claims for service connection for the cause of the Veteran's death, DIC under 38 U.S.C.A. § 1318, and an effective date prior to January 28, 1985 for total disability rating based on individual unemployability due to service-connected disability.

The Veteran's dry eye syndrome and vitreous floaters were found to be incurred in service, resulting in a grant of service connection for both conditions.

The Veteran's right knee disability, characterized by degenerative joint disease and anterior cruciate ligament reconstruction, is currently rated at 20 percent under Diagnostic Code 5262. The evidence shows that the condition more closely approximates a moderate knee disability with some limitation of motion but no significant instability.

The appellant is not entitled to receive additional accrued benefits as the expenses of the Veteran's last sickness and burial are limited to $2,125.00.

The Board has determined that the Veteran did not receive proper notification for his scheduled examinations and is requesting additional evidence to determine if he attended the pulmonary examination. The case is being remanded to schedule the Veteran for appropriate examinations of his bilateral foot condition and respiratory condition.

The Veteran's service-connected duodenal ulcer with small bowel resection has been granted an increased evaluation of 10 percent, effective from the date of the decision. The temporary total disability rating due to convalescence following surgery in August 2005 is also granted.

The Board has determined that the Veteran's entitlement to a total disability evaluation on the basis of individual unemployability due to service-connected disabilities was terminated effective January 3, 2000. The appeal is dismissed for hiatal hernia as secondary to duodenal ulcer and esophageal stricture.

The Board found that the Veteran's cause of death, cancer at the base of the tongue and tonsil, was not incurred in or aggravated by service. The Board also determined that the presumptions for Agent Orange exposure do not apply to this case.

The Board has remanded the case for additional development, including obtaining STRs and scheduling a VA examination to determine if any current left hand disability is related to service.

The Board has determined that the Veteran's varicose veins do not meet or approximate the criteria for a rating higher than 10 percent, and thus denied his claims for increased ratings.

The Board denied the Veteran's request for waiver of recovery of an overpayment of compensation benefits, finding that he acted in bad faith by failing to inform VA about his incarceration.

The Veteran's myelodysplastic syndrome was not found to be related to service, including exposure to ionizing radiation. The claim for service connection is denied.

The Board found that the Veteran's low back disorder did not manifest during or as a result of active military service and denied his claim for service connection.

The Veteran's DJD of the right elbow has been rated at 20 percent, which is the highest schedular rating available for this condition.

The Board denied service connection for myopathy, including rhabdomyolysis, finding that the Veteran's condition did not have its onset during a period of active duty or ACDUTRA.